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Business and Professions Code - BPC - BPC § 6180.14
Business and Professions Code - BPC - BPC § 6180.14
As used in this article, “attorney” means a licensee or former licensee of the State Bar; “law practice” means (a) a law practice conducted by an individual; (b) a law practice conducted by a partnership, if Section 6180 applies to all partners; and (c) a law practice conducted b
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Business and Professions Code - BPC - BPC § 6180.2
Business and Professions Code - BPC - BPC § 6180.2
Notwithstanding the giving of notice pursuant to Section 6180.1, the superior court on its own motion, or a client of the attorney, the State Bar, or an interested person or entity may make application to the superior court for the county where the attorney maintains or more rece
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Business and Professions Code - BPC - BPC § 6180.3
Business and Professions Code - BPC - BPC § 6180.3
The application shall be verified, and shall state facts supporting the occurrence of one or more of the events stated in Section 6180 and either of the following: (a) Belief that supervision of the court is warranted because the attorney has left an unfinished client matter for
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Business and Professions Code - BPC - BPC § 6180.4
Business and Professions Code - BPC - BPC § 6180.4
The application shall be set for hearing and an order to show cause shall be issued, directing the attorney, or his or her personal representative, or, if none, the person having custody and control of the files and records, to show cause why the court should not assume jurisdict
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Business and Professions Code - BPC - BPC § 6180.5
Business and Professions Code - BPC - BPC § 6180.5
If the court finds that one or more of the events stated in Section 6180 has occurred, and that supervision of the courts is warranted because the affected attorney has left an unfinished client matter for which no other active licensee of the State Bar has with consent of the cl
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Business and Professions Code - BPC - BPC § 6180.6
Business and Professions Code - BPC - BPC § 6180.6
Nothing in this article shall authorize the court or an attorney appointed by it pursuant to this article to approve or disapprove of the employment of legal counsel, fix terms of legal employment, fix the compensation which may have been earned by the affected attorney, or super
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Business and Professions Code - BPC - BPC § 6180.7
Business and Professions Code - BPC - BPC § 6180.7
Unless court approval is first obtained, neither the attorney appointed pursuant to this article nor his corporation nor any partners or associates of the attorney shall accept employment as an attorney by any client of the affected attorney on any matter pending at the time of t
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Business and Professions Code - BPC - BPC § 6180.8
Business and Professions Code - BPC - BPC § 6180.8
Upon a finding by the court that it is more likely than not that the application will be granted and that delay in making the orders described in Section 6180.5 will result in substantial injury to clients, or to others, the court, without notice or upon such notice as it shall p
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Business and Professions Code - BPC - BPC § 6180.9
Business and Professions Code - BPC - BPC § 6180.9
If there is a pending proceeding in probate, guardianship, or conservatorship relating to the affected attorney, the court having jurisdiction pursuant to this article may inquire into acts done by the legal representative of the attorney concerning the law practice. Upon reasona
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Business and Professions Code - BPC - BPC § 6185
Business and Professions Code - BPC - BPC § 6185
(a) Upon appointment by the superior court pursuant to Section 2468, 9764, or paragraph (22) or (23) of subdivision (b) of Section 17200 of the Probate Code, a practice administrator, who is an active licensee of the State Bar, may be granted, by order of the court appointing thi
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Business and Professions Code - BPC - BPC § 6190
Business and Professions Code - BPC - BPC § 6190
The courts of the state shall have the jurisdiction as provided in this article when an attorney engaged in the practice of law in this state has, for any reason, including but not limited to excessive use of alcohol or drugs, physical or mental illness, or other infirmity or oth
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Business and Professions Code - BPC - BPC § 6190.1
Business and Professions Code - BPC - BPC § 6190.1
(a) An application for assumption by the court of jurisdiction under this article shall be made to the superior court for the county where the attorney maintains or most recently has maintained his or her principal office for the practice of law or where such attorney resides. Th
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Business and Professions Code - BPC - BPC § 6190.2
Business and Professions Code - BPC - BPC § 6190.2
The application shall be verified and shall state facts showing each of the following: (a) Probable cause to believe that the facts set forth in Section 6190 have occurred. (b) The interest of the applicant. (c) Probable cause to believe that the interests of the client or of an
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Business and Professions Code - BPC - BPC § 6190.3
Business and Professions Code - BPC - BPC § 6190.3
The application shall be set for hearing. A copy of the application and notice of the hearing shall be served upon the attorney by personal delivery or, as an alternate method of service, by certified or registered mail, return receipt requested, addressed to the attorney at the
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Business and Professions Code - BPC - BPC § 6190.34
Business and Professions Code - BPC - BPC § 6190.34
If the court finds that (a) the facts set forth in Section 6190 have occurred and, (b) that the interests of the client, or of an interested person or entity will be prejudiced if the proceeding provided herein is not maintained, the court shall order the applicant to mail a noti
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Business and Professions Code - BPC - BPC § 6190.4
Business and Professions Code - BPC - BPC § 6190.4
The provisions of Article 11 (commencing with Section 6180) of Chapter 4 of Division 3 of this code shall apply to the proceeding, whenever possible.
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Business and Professions Code - BPC - BPC § 6190.5
Business and Professions Code - BPC - BPC § 6190.5
The proceeding may be maintained concurrently with a disciplinary investigation or proceeding provided for by this chapter.
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Business and Professions Code - BPC - BPC § 6190.6
Business and Professions Code - BPC - BPC § 6190.6
Upon motion duly made by any interested party, the court may terminate the proceedings.
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Business and Professions Code - BPC - BPC § 6200
Business and Professions Code - BPC - BPC § 6200
(a) The board of trustees shall, by rule, establish, maintain, and administer a system and procedure for the arbitration, and may establish, maintain, and administer a system and procedure for mediation of disputes concerning fees, costs, or both, charged for professional service
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Business and Professions Code - BPC - BPC § 6201
Business and Professions Code - BPC - BPC § 6201
(a) The rules adopted by the board of trustees shall provide that an attorney shall forward a written notice to the client prior to or at the time of service of summons or claim in an action against the client, or prior to or at the commencement of any other proceeding against th
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Business and Professions Code - BPC - BPC § 6202
Business and Professions Code - BPC - BPC § 6202
The provisions of Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code shall not prohibit the disclosure of any relevant communication, nor shall the provisions of Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of
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Business and Professions Code - BPC - BPC § 6203
Business and Professions Code - BPC - BPC § 6203
(a) The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the arbitrators, the decision of which is necessary in order to determine the controversy. The award shall not include any award
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Business and Professions Code - BPC - BPC § 6204
Business and Professions Code - BPC - BPC § 6204
(a) The parties may agree in writing to be bound by the award of arbitrators appointed pursuant to this article at any time after the dispute over fees, costs, or both, has arisen. In the absence of such an agreement, either party shall be entitled to a trial after arbitration if
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Business and Professions Code - BPC - BPC § 6204.5
Business and Professions Code - BPC - BPC § 6204.5
(a) The State Bar shall provide by rule for an appropriate procedure to disqualify an arbitrator or mediator upon request of either party. (b) The State Bar, or the local bar association delegated by the State Bar to conduct the arbitration, shall deliver a notice to the parties
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Business and Professions Code - BPC - BPC § 6206
Business and Professions Code - BPC - BPC § 6206
The time for filing a civil action seeking judicial resolution of a dispute subject to arbitration under this article shall be tolled from the time an arbitration is initiated in accordance with the rules adopted by the board of trustees until (a) 30 days after receipt of notice